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SIERRA CLUB v. U.S. DEPT. OF THE INTERIOR

Nos. 18-1082, 18-1083.

899 F.3d 260 (2018)

SIERRA CLUB; Virginia Wilderness Committee, Petitioners, v. UNITED STATES DEPARTMENT OF THE INTERIOR; National Park Service, an agency of the U.S. Department of the Interior; Ryan Zinke, in his official capacity as Secretary of the Department of the Interior; Michael T. Reynolds, in his official capacity as Deputy Director, Operations, Exercising the Authority of Director; Stan Austin, in his official capacity as Southeast Regional Director, Responsible Official, Respondents, Atlantic Coast Pipeline, LLC, Intervenor. Defenders of Wildlife; Sierra Club; Virginia Wilderness Committee, Petitioners, v. United States Department of the Interior; Fish and Wildlife Service, an agency of the U.S. Department of the Interior; Ryan Zinke, in his official capacity as Secretary of the Department of the Interior; Greg Sheehan, in his official capacity as Principal Deputy Director; Cindy Schulz, in her official capacity as Field Supervisor, Virginia Ecological Services, Responsible Official, Respondents, Atlantic Coast Pipeline, LLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2018.

Attorney(s) appearing for the Case

ARGUED: Austin Donald Gerken, Jr. , SOUTHERN ENVIRONMENTAL LAW CENTER, Asheville, North Carolina, for Petitioners. Avi Kupfer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. Brooks Meredith Smith , TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor. ON BRIEF: Amelia Burnette , J. Patrick Hunter , Asheville, North Carolina, Gregory Buppert , SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Petitioners. Eric Grant , Deputy Assistant Attorney General, Andrew Mergen , J. David Gunter II , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Andrew Tittler , S. Amanda Bossie , Office of the Solicitor, DEPARTMENT OF THE INTERIOR, Washington, D.C., for Respondents. Andrea W. Wortzel , TROUTMAN SANDERS LLP, Richmond, Virginia, for Intervenor.

Vacated by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.

These consolidated cases present two challenges to agency actions that provided necessary approvals for the Atlantic Coast Pipeline (ACP). The challenges were brought by Defenders of Wildlife, the Sierra Club, and the Virginia Wilderness Committee (collectively, "Petitioners"). For...

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